Malcolm Rivera
Part VII of the Indian Constitution, which originally existed during its formation, was removed by the 7th Constitutional Amendment in 1956. This part dealt with Part B states and now stands omitted.
| Characteristics | Values |
|---|---|
| Part of the Indian Constitution | Part VII |
| Amendment | Seventh Amendment |
| Year | 1956 |
| Reason | Dealt with Part B states |
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What You'll Learn
- Part VII of the Indian Constitution was removed by the 7th Constitutional Amendment in 1956
- Part VII dealt with Part B states
- Part B states are now omitted from the Constitution
- The 7th Amendment was also responsible for deleting the right to property
- The right to property was removed from the list of Fundamental Rights
Part VII of the Indian Constitution was removed by the 7th Constitutional Amendment in 1956
The Indian Constitution is the supreme law of India and the country's governing document. It outlines the country's fundamental laws and principles, as well as the organisational structure and powers of the government. The Constitution has been amended numerous times since its adoption to accommodate the country's changing needs and circumstances.
The process of amending the Indian Constitution is undertaken by the Parliament of India, which is the country's bicameral legislature. Amendments typically require a majority vote in both the Lok Sabha (the lower house) and the Rajya Sabha (the upper house). In some cases, a more extensive process may be required, including ratification by a certain number of state legislatures.
The 7th Constitutional Amendment, which removed Part VII, was one of the many amendments made to the Indian Constitution over the years. This particular amendment was passed in 1956, nearly a decade after the Constitution was enacted in 1949. The removal of Part VII was a significant change, as it pertained to the Part B states, which had a unique constitutional status at the time.
While the specific reasons for the removal of Part VII are not immediately clear, it is likely that it was done to streamline the Constitution and remove any outdated or redundant provisions. The amendment process allows the Indian Constitution to remain flexible and adaptable to the evolving needs of the nation, ensuring that it continues to serve as an effective governing document.
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Part VII dealt with Part B states
Part VII of the Indian Constitution was repealed in 1956 by the Seventh Amendment. This part of the constitution dealt with the nine 'Part B' states, which were former princely or covenanting states governed by 'Raj Pramukhs'. These states included Hyderabad, Jammu and Kashmir, Madhya Bharat, Mysore, Patiala and East Punjab States Union (PEPSU), Rajasthan, Saurashtra, Travancore-Cochin, and Vindhya Pradesh.
Jammu and Kashmir, although a Part-B state, was given a special status under Article 370. Article 238 of the Indian Constitution, which was a part of Part VII, dealt with the provisions of administration in these Part-B states. It covered the application of provisions of Part VI of the Constitution, including the governor and state executives.
Part VI of the Constitution, comprising Articles 153 to 167, deals with the state executive. The Articles cover the administration of Union Territories, special provisions with respect to Delhi, ordinance-making power, the power of the President to make regulations for certain Union Territories, and high courts for Union Territories.
The repeal of Part VII of the Indian Constitution in 1956 resulted in the removal of the special status of the Part-B states, and they were included as regular 'states' under the Indian Constitution.
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Part B states are now omitted from the Constitution
The Seventh Amendment of the Indian Constitution, enacted in 1956, resulted in the omission of Part VII, which pertained to Part B states. This amendment stands as the only instance of a portion of the Indian Constitution being deleted.
Part B states, also referred to as 'B' states or 'Specified' states, were a group of Indian states that existed during the formation of the Indian Constitution. These states were governed by the President of India through a chief commissioner or a governor. The governor or chief commissioner exercised legislative and executive powers on behalf of the President.
The deletion of Part VII, which dealt with these Part B states, was a significant constitutional change. However, the specific implications of this amendment and its broader impact on the administrative structure of India are not immediately clear and would require further contextual information to understand fully.
It is worth noting that the Indian Constitution originally consisted of 22 parts, and the deletion of Part VII leaves the remaining 21 parts intact. This change ensures that the Indian Constitution remains a dynamic and adaptable document, capable of evolving to meet the changing needs and circumstances of the nation.
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The 7th Amendment was also responsible for deleting the right to property
The Indian Constitution, originally comprising 22 parts, has undergone several amendments since its inception, with the Seventh Amendment being a notable one. This amendment, enacted through the Constitution (Seventh Amendment) Act in 1956, specifically targeted Part VII of the Constitution, which addressed "The States in Part B of the First Schedule". Part VII consisted of a single article, Article 238, and its omission from the Constitution was a significant event.
While the Seventh Amendment is primarily associated with the deletion of Part VII, it also played a role in modifying the right to property within the Indian Constitution. This amendment set in motion a process that would ultimately lead to the transformation of the right to property from a fundamental right to a legal right. The Seventh Amendment paved the way for subsequent amendments, such as the Forty-fourth Amendment Act of 1978, which further refined the status of the right to property.
The Forty-fourth Amendment Act, 1978, built upon the foundations laid by the Seventh Amendment. It explicitly stated that the right to property would no longer be considered a fundamental right but would instead be recognised as a legal right. This change in status was accompanied by assurances that the removal of property rights from the list of fundamental rights would not infringe upon the rights of minorities to establish and administer educational institutions of their choice. Additionally, the amendment protected the right of individuals holding land for personal cultivation to receive market-value compensation within the ceiling limit.
The Forty-fourth Amendment Act also introduced a new chapter, Chapter IV, to Part XII of the Constitution. This chapter, titled "Persons not to be deprived of property save by authority of law", reinforced the protection of property rights. It asserted that no person shall be deprived of their property except by lawful means, providing a safeguard against arbitrary deprivation of property.
In summary, while the Seventh Amendment's primary focus was the deletion of Part VII, it also initiated a process of re-evaluating the right to property within the Indian Constitution. Subsequent amendments, such as the Forty-fourth Amendment Act, further solidified these changes, ensuring that property rights were protected under the law while no longer holding the same status as fundamental rights. These amendments reflect the dynamic nature of the Indian Constitution, adapting to the evolving needs and priorities of the nation.
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The right to property was removed from the list of Fundamental Rights
The right to property was a fundamental right originally provided for under Articles 19 and 31 of the Indian Constitution. Article 19 guaranteed all citizens the right to acquire, hold and dispose of property. Article 31 stated that "no person shall be deprived of his property save by authority of law", and provided for compensation in the event that a person's property was taken for public purposes.
However, over time, the provisions relating to the right to property were changed several times. Ultimately, the 44th Amendment of 1978 removed the right to property from the list of fundamental rights. This was due to the liberalisation of the economy and the government's initiative to set up special economic zones, which led to protests by farmers and calls for the reinstatement of the right to private property.
The Supreme Court sent a notice to the government, questioning why the right should not be reinstated. However, in 2010, the Court rejected the PIL, and the right to property remains absent from the list of fundamental rights in India. This means that, while it may still exist as a legal right, it is no longer protected by the fundamental law of the land, i.e. the Constitution, and violations of this right cannot be addressed through writs issued by the Supreme Court or High Courts under Articles 32 and 226 of the Constitution.
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Frequently asked questions
Part VII of the Indian Constitution was removed by the 7th Constitutional Amendment in 1956.
Part VII dealt with Part B states.
The Indian Constitution originally had 22 parts.
